Basirul Islam and 5 Ors v. The State of Assam

ORDER Date : 17.05.2024

Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Mr. K.K. Parasar learned Additional Public Prosecutor for the State respondent. This is an application under Section 438 of the Code of Criminal Procedure, 1973, praying for grant of pre-arrest bail to the accused/petitioner, namely 1) Basirul Islam 2) Muktadir Rahman 3) Mosibar Rahman @ Mozibar Rahman 4) Noor Alam (Kandre) 5) Abdul Hasem 6) Rofiqul Hoque who has been apprehending arrest in connection Mankachar PS Case No. 55/2024 registering under Sections 147/427/448/386 of IPC.. The Case Diary has been received. Perused the same. It is submitted by the learned counsel for the petitioner that they are innocent and false and concocted allegations have been brought against them. However, after obtaining the interim pre-arrest bail, all the petitioners have appeared and their statement under Section 161 Cr.P.C. have also been recorded. They are still ready and willing to cooperate the I/O in further investigation of the case, if they are granted with the privilege of pre-arrest bail. Learned Additional Public Prosecutor in this regard has submitted that all the accused Page No.# 3/3 petitioners have cooperated with the I/O in the investigation of the case. However considering the materials available in the case diary, all the accused petitioners may be granted with the privilege of pre-arrest bail. Considering the submission made by the learned counsel for both sides and the materials available in the case diary vis-a-v-s the conduct of the accused petitioners, I find that custodial interrogation of the present accused petitioners are not necessary for the purpose of investigation and hence I find it a fit case to extend the privilege of pre-arrest bail to the accused petitioners. Accordingly, the interim pre-arrest bail order, granted to the accused/petitioners vide order dated 22.03.2024, is hereby made absolute with the same terms and conditions. In terms of above, this anticipatory bail application stands disposed of. The Case Diary be sent back. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010060612024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/776/2024o BASIRULoISLAMoANDo5oORS.o S/OoLATEoMOHAJoUDDIN,oR/OoVILL-oJHOWDANGAoARAToGAON,oP.S.- MANKACHAR,oDIST-SOUTHoSALMARAoMANKACHAR,oASSAM 2:oMUKTADIRoRAHMAN oS/OoLATEoSIRAJULoHOQUE oR/OoVILL-oJHOWDANGAoARAToGAON oP.S.-MANKACHAR oDIST-SOUTHoSALMARAoMANKACHAR oASSAM 3:oMOSIBARoRAHMANo@oMOZIBARoRAHMAN oS/OoLATEoABDULoAZIZ oR/OoVILL-oJHOWDANGAoARAToGAON oP.S.-MANKACHAR oDIST-SOUTHoSALMARAoMANKACHAR oASSAM 4:oNOORoALAMo(KANDRE) oS/OoABDULoBATEN oR/OoVILL-oJHOWDANGAoARAToGAON oP.S.-MANKACHAR oDIST-SOUTHoSALMARAoMANKACHAR oASSAM 5:oABDULoHASEM oS/OoMANIKoSK oR/OoVILL-oJHOWDANGAoARAToGAON oP.S.-MANKACHAR oDIST-SOUTHoSALMARAoMANKACHAR oASSAM 6:oROFIQULoHOQUE oS/OoHAMDEoSHEIKH Page No.# 2/3 R/O VILL- JHOWDANGA ARAT GAON P.S.-MANKACHAR DIST-SOUTH SALMARA MANKACHAR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA